Employer liable for constructive dismissal after accessing employee’s private WhatsApp messages
An employment tribunal has found that a finance administrator was constructively unfairly dismissed after her employer accessed and relied upon private WhatsApp messages stored on her work computer during disciplinary proceedings. The tribunal concluded that the employer’s actions fundamentally damaged trust and confidence, entitling the employee to resign and claim constructive dismissal. She was awarded compensation of approximately £8,000.
The employee had worked for the organisation for several years. Staff had previously been instructed to download their personal WhatsApp accounts onto workplace computers, which meant private conversations were accessible via company devices.
While searching for a spreadsheet on the employee’s computer, the managing director opened the WhatsApp application and saw an active personal chat. Rather than closing it, he proceeded to read approximately 30 pages of private messages. Some of the exchanges included light-hearted references to an audiobook described as “steamy”, as well as messages expressing frustration about a colleague.
The employer subsequently suspended the employee and initiated disciplinary proceedings. Allegations included inappropriate use of company equipment, misuse of company resources and references to what were characterised as threats and inappropriate material. The disciplinary case relied heavily on screenshots of the private WhatsApp messages.
The tribunal was highly critical of the employer’s conduct. It described the decision to read the employee’s “obviously personal messages” as wholly unreasonable and without justification. Although the tribunal did not make findings directly under data protection legislation, it concluded that the employer’s actions, taken together, destroyed or seriously damaged the trust and confidence necessary for the employment relationship to continue.
The tribunal concluded that the combination of accessing private messages without justification amounted to a fundamental breach of contract. The employee’s resignation was therefore treated as constructive unfair dismissal.
For employers, this case is a clear warning about overreach. The fact that private content appears on a work device does not automatically justify reading it, screenshotting it or relying on it in a disciplinary process. Curiosity is not the same as lawful justification. Ultimately, the employer did not lose this case because it raised concerns, it lost because of how those concerns were handled. Intrusive decision making and procedural missteps combined to undermine trust and confidence, which is exactly what constructive dismissal claims are built on.
Contact us at enquiries@121hrsolutions.co.uk and we can discuss and further queries you may have on this subject.
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